Respectfully Requesting the United States Citizenship and Immigration Services Exercise Discretion in Adjudicating Status Applications Consistent with Historical Practice

WHEREAS, Rhode Islanders possess the right not to be deprived of life, liberty, or property without the due process of law, which inherently includes the freedom to establish a family and enter into marriage regardless of a spouse’s national origin; and

WHEREAS, Since the passage of the Immigration and Nationality Act of 1952, citizens of the United States have been permitted to sponsor their immigrant spouse for lawful permanent residence without being subjected to forced separation through mandatory consular processing abroad; and

WHEREAS, In enacting these laws, Congress established an inland immigration process with the intent of promoting and preserving family unity; and

WHEREAS, The United States Citizenship and Immigration Services (USCIS) Policy Manual explicitly acknowledges this congressional intent, stating: “One reason Congress created the adjustment of status provision was to enable certain aliens physically present in the United States to become LPRs without incurring the expense and inconvenience of traveling abroad to obtain an immigrant visa. Congress has added additional adjustment of status provisions to "promote family unity"; and

WHEREAS, On Friday, May 22, 2026, preceding a major holiday weekend, USCIS published an unsigned memorandum (PM-602-0199) that upends over seventy years of established immigration law and institutional practice; and

WHEREAS, If implemented, this memorandum would forcibly separate U.S. citizens from their spouses for indefinite, prolonged, or even permanent periods of time; and

WHEREAS, This memorandum would effectively compel U.S. citizens to forego their due process rights by mandating consular processing, an avenue where visa denials are generally insulated from judicial review; now, therefore, be it

RESOLVED, That this House of Representatives of the State of Rhode Island hereby strongly condemns the implementation of USCIS Policy Memorandum PM-602-0199; and be it further

RESOLVED, That this House of Representatives of the State of Rhode Island urges USCIS to continue to favorably exercise discretion in adjudicating adjustment of status applications, consistent with historical practice prior to the sudden issuance of this unsigned memorandum; and be it further

RESOLVED, That the Secretary of State be and hereby is authorized and directed to transmit duly certified copies of this resolution to the Honorable Daniel J. McKee, Governor of the State of Rhode Island; the Honorable Markwayne Mullin, Secretary of the United States Department of Homeland Security; the Honorable Joseph B. Edlow, Director of the United States Citizenship and Immigration Services; and the Field Office Director of the United States Citizenship and Immigration Services Providence Field Office.